Page 48 - Litigating Land and Housing in South Africa: Lessons and Reflections

earners who could not otherwise afford to live there Although land value capture alone might not achieve significant change in in the spatial integration of residents
5 2 The South African experience
otherwise excluded by income what it achieves is is a a a a a a degree of social integration a a a a a a a a a much-needed objective in in post-apartheid South Africa In In South Africa the the the the intention to to achieve inclusionary housing through town planning regulation has been provided for for in in in in in in in in in in in in in the the the the Framework for for Inclusionary Housing Policy since 2007 and and and in in in in in in in in in in in in in principle by the the the the promulgation of of of the the the the Spatial Planning and and and Land Use Management Act9 (SPLUMA) Despite its lofty intentions of of of of ensuring that planning decisions promote spatial justice very little has happened at at at the the level of of of of implementing inclusionary housing by local authorities save for in the City of Johannesburg SPLUMA came into effect in in in in in 2015 placing the objective of of achieving spatial justice firmly as a a a a a a a a principle for all future development development decisions The object of of SPLUMA is is to correct spatial development development planning and and and land use laws and and and and practices that were “based on on racial inequality segregation and and unsustainable settlement patterns ” SPLUMA creates both a a a a a a a a a a a a a a framework for making making decisions based on on on principles and and and standards and and and and a a a a a a a a a a a a a a a a roadmap to to decision-making that establishes a a a a a a a a a a a a a a a a series of of rules and and actions to to be followed by officials When a a a a a a a a a a a municipality considers and and decides on on on a a a a a a a a a a a land use application it it must also have regard to the the appli- cable spatial development frameworks and in the the the case of Cape Town the the City’s positive goal is is to “promote integrated settlement patterns in in in existing and and new residential areas” and and ensure that that basic services are are available as as as a a a a a a a a a a a a a a a “cornerstone of of an an inclusive City” that that the City City needs to to promote The SDF lists one one of of of its goals as supporting and and facilitating the creation of of environ- ments that accommodate mixed residential types and and a a a a a a a a a a a a a a a range of income levels It also states: “To achieve a a a a a a a a a a a a a a a sustainable economy we need inclusive and and equitable shared economic growth to turn around local poverty and and and reduce the growing income gap between rich and and poor ” The Cape Town Spatial Development Overview sets out 9 Act 16 of 2013 several strategies to assist in in in in in implementing the the the CTSDF including: “Transform the the the apartheid city by encouraging a a a a a a a a better social and and land use mix in in in neighbourhoods” The City of Cape Town has adopted an inclusionary housing concept document What is is is missing is is is a a a a a a a a a a a a set of of of clear and justiciable criteria that compel the the implementation of of of of the the the principle of of of of spatial justice in in in in in municipal planning planning decisions and in in in in in in in the the granting of of of planning planning development rights through an an an an an inclusionary housing policy The City of of Cape Town has preferred to approach the the matter of of spatial justice through broader macro planning initiatives such as the the the the Densification Policy Policy the the the Urban Design Policy Policy and the the the Transport Orientated Development Strategic Framework None of of these policies guide decision-makers to implement the the the principle of of spatial justice in in in specific land use and and planning management decisions taken by the the munici- palities The result has been little or no investment in in in in in low cost housing housing in in in in in in well located areas of Cape Town and no inclusionary housing housing have been imposed on on on private developers without their consent Given the the failure to to apply the the principle of spatial justice to to specific planning approvals where increased devel- opment rights have been sought by developers civil
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LITIGATING LAND AND AND AND HOUSING IN IN IN SOUTH AFRICA  LESSONS AND AND AND REFLECTIONS